EACC wants Waiguru, Kuria to face graft charges

Anti-graft detectives have asked the DPP to charge Kirinyaga Governor Anne Waiguru and Gatundu South MP Moses Kuria in separate corruption cases.

Waiguru is defending her seat as governor while Kuria has declared his bid for Kiambu governor. 

The Ethics and Anti-Corruption Commission wants Waiguru charged for receiving imprests for non existent travels, a matter that featured prominently during her failed impeachment attempt.

EACC wants the governor charged alongside senior officials in her administration, among them the finance chief officer. 

Also cited are acting director administration, director accounting services and assistant director accounting services.  

Responding to the EACC recommendations, Waiguru said on her Twitter account the move was “pure politics”.

She said she was being punished for her decision to move to UDA from Jubilee.

The EACC in its quarterly report said: “On December 7, 2021, a report was compiled and forwarded to the DPP with recommendations to charge the governor (Waiguru) and the chief officer finance with one count of conspiracy to commit corruption...” 

The EACC is awaiting a response from DPP Noordin Haji.  

The report said charges against Kuria followed an enquiry into alleged receipt of benefit of Sh3 million and conflict of interest by the Gatundu South MP through Finishline Construction.

The firm had been awarded a tender for construction of a dormitory at Wamwangi Secondary School for Sh12 million by the Ministry of Education.

“Investigations revealed that one of the directors of Finishline Construction is a brother to the MP and the MP was the beneficial recipient of the Sh3 million,” the report read.

Efforts to get a comment from Kuria were futile as he did not respond to phone calls and text messages.

In the Waiguru case, EACC recommended Waigiru to be charged following an inquiry into allegations of abuse of office.

The authority said she received imprests amounting to Sh10.6 million for trips that were non-existent or not official.

The commission said investigations examined 12 international trips and established that there were documents indicating that the governor was invited for the travels.

However, the EACC said there were no documents supporting the inclusion of other county officials on the trips.

“Investigations found that many of the said officials were verbally nominated to join the governor on the said trips.

"Investigations further established that the governor, chief of staff and gender executive were granted imprests for trips while holding outstanding imprests,” the report said.

The report further said the governor and officers from the finance department attempted to account for the imprest advanced to the governor. It said they made and uttered to the commission false documents purporting to be the accounting documents for the imprest.

If charged, Waiguru will have to step aside from from office until her case is heard and determined.

This will be in line with the July 25, 2019, High Court ruling that dealt a blow to governors facing graft charges.

The court ruled that county bosses in court over corruption should stay away from their office and their roles completely taken over by their deputies for the duration of the trial.

Responding to the EACC recommendations, Waiguru said the move was “pure politics”.

She said they intend to punish her for the decision to move to UDA from Jubilee.

Waiguru said they were sending a message to would be defectors that false charges await them if they dare jump ship.

She said the Auditor General's reports record billions of shillings not accounted for in imprest from Office of the President, government ministries and Parliament.

“No officer has ever been charged for late accounting because such delays are normal and expected. There is no allegation that money was lost, only that it was accounted for late.

“Meanwhile, those who disappeared with billions of shillings meant for sick people continue to walk the streets unmoved because they belong to certain political affiliations. Anyway, there remains a God in heaven,” the governor said.

Kuria, on the other hand has since announced that his Chama Cha Kazi party and 21 other political outfits are in talks with Deputy President William Ruto's Kenya Kwanza Alliance with an aim of coming up with a coalition.

The EACC report said 56 files were forwarded to the DPP with 37 recommending prosecution.

Two files recommended administrative action and 17 suggested closure.

The commission also recommended charges against the members of the Ol Kalou NG-CDF with conspiracy to commit corruption.

It follows investigations that the Ol Kalou NG-CDF committee members were using funds meant for construction of roads within the constituency.

The EACC said investigations revealed that Sh62,424,650 was disbursed to the Ol Kalou Constituency Road Project Account for the May 15, 2014, to October 31, 2018, period.

“During the same period, cheques and cash withdrawals of Sh55,833,650 were made out in favour of the NG-CDF Roads Project Committee officials and seven companies,” it said.

The payments were purportedly in relation to roads works for the financial years 2013-2014, 2014-2015, 2015-2016, 2016-2017 and 2017-2018

(Edited by Bilha Makokha)